In an example of what NOT to do to as a tactic to manage group health costs, Dave & Busters was recently ordered to pay $7.4 million to workers in the proposed settlement of a class action lawsuit alleging the company reduced employees’ hours to render them ineligible for company health coverage.

Under New York law and the Patient Protection and Affordable Care Act (ACA), the definition of "small group," as it relates to health plan eligibility, was established to be 1-100 employees, as of January 1, 2016.